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I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You received both dispute notifications from Experian, Equifax and Transunion in February 2008 as well as a written request for validation from me on March 5, 2008. You have since responded with two invoices (dated March 3, 2008 and March 5, 2008 respectively) requesting both a payment and additional information from me to futher assist you in validating this alleged debt. Be advised, this is a violation.
You have also since responded with supporting documentation (dated March 13, 2008) to include:
A copy of a lease agreement;
A copy of a move-out report;
Two (2) sheets with copies of photos
Be advised that collectively, this is not proper validation according the items I requested in my March 5 letter. Additionally, you have listed on my Equifax credit report a “Last Payment Date” of October 29, 2004. However, you did not include evidence of this payment in the supporting documentation you sent to me, as I had previously requested. Be advised that I dispute this last payment claim as I have not rendered payment of any kind at any time to your agency and consider this a violation.
And finally, I have also noticed various date changes to my Equifax credit report post-dispute notification, including the aforementioned “Last Payment Date“. Be advised, each of these updates constitutes a violation of FDCPA. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA. I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Signed credit application between myself and the original creditor.
Copies of all signed vouchers from the date account was opened until default.
Copies of all statements from the date account opened until default.
Proof of the Statute of Limitations
Proof of agreement that you were hired by the Original Creditor (“creditor” as defined by the FDCPA) or
Copy of the contract <DEBT COLLECTOR> purchased the alleged debt from the Original Creditor
If the alleged debt was purchased, provide a copy of an agreement between <DEBT COLLECTOR> and myself, signed by me, stating that I have a contractual responsibility to <DEBT COLLECTOR> for the alleged debt.
Provide proof that <DEBT COLLECTOR>. is bonded/licensed for debt collecting in the State of Texas
Proof of alleged payment dated October 29, 2004 rendered by me to <DEBT COLLECTOR>
As you are already in violation, I expect all references to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from February 2008 until this issue is resolved.
Regards,
ME